2. The “New Normal” of Business and Insurance Steven N. Weisbart, Ph.D., CLU, Senior Vice President and Chief Economist Insurance Information Institute  110 William Street  New York, NY 10038 Tel: (212) 346-5540  Cell: (917) 494-5945  stevenw@iii.org  www.iii.org Defense Days Business Meeting Westfield Insurance Westfield, OH August 18, 2009

3. The U.S. Economy The P-C Insurance Industry The Liability Insurance Marketplace Litigation/Tort System Cost Trends Q&A Presentation Outline: The “New Normal” in…

4. The “New Normal” in the U.S. Economy Tough Times for the Foreseeable Future

5. High levels of unemployment/ underemployment Low levels of investment return Low levels of new borrowing  Affects housing, autos, other consumer durables Low levels consumer demand/ business investment  Significant increase in the personal saving rate, but virtually all used to pay down outstanding debt What Does the “New Normal” Economy Look Like?

6. January 2000 through June 2009, seasonally adjusted U-6 went from 9.2% in April 2008 to 16.5% in June 2009 Source: US Bureau of Labor Statistics; Insurance Information Institute. 9.5% June 2009 unemployment rate (U-3) was the highest monthly rate since 1983. Peak rate in the last 30 years: 10.8% in Nov-Dec 1982. Unemployment and Underemployment Rates: Rocketing Up in 2008-9 Percent

7. U.S. Unemployment Rate Forecasts Quarterly, 2009:Q3 to 2010:Q4 Sources: Blue Chip Economic Indicators (7/09); Insurance Info. Inst. Broad agreement, for now: Unemployment to peak in 2010:Q1.

8. Households and Businesses Are Now “Deleveraging” Percent Change in Debt Held (Quarterly since 2004 at Annualized Rate) Source: Federal Reserve Board, at http://www.federalreserve.gov/releases/z1/Current/z1r-2.pdfhttp://www.federalreserve.gov/releases/z1/Current/z1r-2.pdf

9. Millions Fewer Private Homes to be Started through 2010 Measured by number of new units started, exposure growth for HO insurers is low. Housing start data also affects commercial insurers with construction risk exposure. I.I.I. estimate: each 100,000 decline in housing starts “costs” home insurers $90 million in gross premium. Estimated premium loss in 2008 vs. 2005: about $1 billion. Sources: US Department of Commerce; Blue Chip Economic Indicators (7/09); Insurance Information Inst. Millions of Units Housing bubble Recession

10. Yearly new auto/light truck sales are forecast to drop by 6 million units in 2009 vs. 2007 Falling auto sales will have a smaller effect on auto insurance exposure growth than problems in the housing market will have on home insurers Weak Economy, Tight Credit are Hurting Auto Sales Source: US Department of Commerce; Blue Chip Economic Indicators (7/09); Insurance Information Inst. Millions of Units Sold

11. Theory: Re-ignited Inflation Won’t Threaten Until the Economy Returns to a Full-Employment Level—Likely a Few Years Away The markets are starting to worry that the flood of money for the recovery will re-ignite inflation (the spread between 10-Year TIPS and 10-Year T-Notes is widening). Source: Cooper, “Hints of Recovery—And Fears of Inflation,” BusinessWeek, May 11, 2009, p. 8

12. The “New Normal” for the P.C. Insurance Industry Premiums, Investments Flat or Down; Pressure on Expenses

13. Year-to-Year Change in Net Written Premium, 2000-2009:Q1 Sources: A.M. Best, but 2009:Q1 is from ISO. First multi-year decline in NWP since 1930-33

14. Underwriting Gain/(Loss) 1975-2009:Q1 Sources: A.M. Best; ISO; Insurance Information Institute Billions In the past 34 years, only twice has the p-c insurance industry earned an underwriting profit of over $1.7 billion. In contrast, in that span it’s had underwriting losses of $20 billion or more in 14 years.

15. Underwriting Expense Ratios Likely Will Rise as Premium Growth Lags *Ratio of expenses incurred to net premiums written. Sources: A.M. Best; ISO; Insurance Information Institute 2009:Q1 blended ratio was 29.1%

16. P/C Insurance Industry Combined Ratio, 2001-2009:Q1 *Includes Mortgage & Financial Guarantee insurers. Sources: A.M. Best. Best combined ratio since 1949 (87.6) As recently as 2001, insurers paid out nearly $1.16 for every $1 in earned premiums Relatively low CAT losses, reserve releases Including Mortgage & Fin’l Guarantee line Cyclical Deterioration 15 2005 ratio benefited from heavy use of reinsurance which lowered net losses

17. P/C Investment Income as a % of Invested Assets Follows 10-Year U.S. T-Note *Blue Chip consensus forecasts. Sources: Board of Governors, Federal Reserve System; Blue Chip Economic Indicators (7/09 issue) A.M.Best; Insurance Information Institute. Investment yield historically tracks 10- year Treasury note quite closely

18. The “New Normal” in the Liability Insurance Marketplace

19. Liability: Average Yearly Cost* Small and Medium-Sized Businesses, 2002-2008 *per $1,000 of revenue, across entire liability program (full population) Source: Marsh, 2008 Limits of Liability Report Costs have generally declined since 2004

20. Liability: Average Yearly Cost* Medium and Large Businesses, 2002-2008 *per $1,000 of revenue, across entire liability program (full population) Source: Marsh, 2008 Limits of Liability Report Costs have generally declined since 2004.

21. Excess Liability Market Capacity – North America Source: Marsh, 2008 Limits of Liability Report In 2008, capacity returned to 2000 levels, but it probably retreated again in 2009

22. Litigation, Tort System Cost Trends

23. In the ‘60s, ’70s, and ’80s, Tort System Costs Grew Much Faster than Inflation Sources: US Bureau of Labor Statistics, Tillinghast-Towers Perrin, 2008 Update on U.S. Tort Costs; Insurance Info. Inst.

24. In the 1990s and Since 2003, Tort System Cost Growth Has Moderated Sources: US Bureau of Labor Statistics, Tillinghast-Towers Perrin, 2008 Update on U.S. Tort Costs; Insurance Info. Inst.

25. Over the Last Three Decades, Total Tort Costs* as a % of GDP Appear Somewhat Cyclical Sources: Tillinghast-Towers Perrin, 2008 Update on US Tort Cost Trends, Appendix 1A; I.I.I. calculations/estimates for 2009 and 2010 Billions *Excludes the tobacco settlement, medical malpractice 2009-2010 Growth in Tort Costs as % of GDP is due in part to shrinking GDP

26. In 10 Years, the Average Jury Award Grew (Inflation-Adjusted) by 60% Source: Jury Verdict Research; Insurance Information Institute.

27. Average Jury Awards for Selected Cases Source: Jury Verdict Research; Insurance Information Institute.

28. Average Jury Awards for Selected Cases (cont’d) *Adult males Sources: Jury Verdict Research; Insurance Information Institute.

29. Shareholder Class Action Lawsuits Filed Annually in Federal Courts* *Securities fraud suits filed in U.S. federal courts; 2009 figure is current through 07/15/09. 2001 figure excludes 312 IPO suits that were unique to that year. Source: Stanford University School of Law (http://securities.stanford.edu ); Insurance Information Institutehttp://securities.stanford.edu In 2008, litigation against financial services firms accounted for more than half (114 class actions)

30. EEOC Workplace Discrimination Complaints, FY1997-FY2008 Biggest jumps came from retaliation and age discrimination complaints Thousands of Complaints Source: EEOC at http://www.eeoc.gov/stats/charges.htmlhttp://www.eeoc.gov/stats/charges.html

31. Insurer Defense and Cost Containment Expenses as a Percent of Incurred Losses, 2005-2008* *Net of reinsurance, excl. state funds. ***Excludes products liability. Sources: National Association of Insurance Commissioners (NAIC) Annual Statement Database, via Highline Data, LLC; Insurance Information Institute.

32. Insurer Defense and Cost Containment Expenses as a Percent of Incurred Losses, 2005-2008* *Net of reinsurance. **Liability portion only. Sources: National Association of Insurance Commissioners (NAIC) Annual Statement Database, via Highline Data, LLC; Insurance Information Institute.

33. The Administrative Expense Portion of Tort Costs Has Stabilized Since the 1980s Source: Tillinghast-Towers Perrin, 2008 Update on U.S. Tort Costs

34. A switch to small, fuel-efficient cars with less crash- protection could lead to more severe accidents If a Financial Products Safety Commission is created as part of regulatory reform, suits might be filed claiming damages resulting manufacture or sale of “defective” financial products A more liberal federal judiciary and executive branch could ease standards for bringing tort actions There are many emerging risks to be alert to What Else Could Drive Tort System Costs Up?

35. Landscape of Emerging Risks Invasion of privacy Bogus parts Power system break Organised crime CO 2 trading Off-shore & internet markets Space weather Electrosmog Resistance to antibiotics Drinking water quality Loss of reputation Business ethics Intercontinental data transmission Customised drugs Nanotechnology Caldera erruption RSI Cyber risks Dirty bombs Implants Indoor pollution Toxic mold Food contaminants Stress at work Endocrine disruptors Media risks Ageing infrastructures Tele- medicine Cloning Deteriorating safety standards Alcohol Contingent Business Interruption Mega Tsunami Pervasive computing Privatisation Botox Spread of diseases Source: Sean Russell, “Emerging Risks: Risk perception at Swiss Re,” Presentation delivered July 4, 2007, at www.casact.orgwww.casact.org

36. The U.S. economy will likely struggle for perhaps a few more years The P-C insurance industry will likely be challenged by low exposure growth, low investment results, and expense and profitability pressures The costs of liability insurance and the tort system generally have recently moderated, but not in all cases There are many emerging risks to be alert to Q&A Presentation Summary

37. Insurance Information Institute On-Line Thank you for your time and your attention.